ASHOK KUMAR Vs. HINDUSTAN LEVER LTD.

JUDGEMENT

(1.) This revision petition is directed against orders of the learned Sub Judge (Court No. 3), Mandi, dated 30th August, 2001.

(2.) It appears, decree holder Ashok Kumar, the petitioner herein, obtained a decree for Rs. 4,819 in Civil Suit No. 215/98 on 24th November, 1998 against the judgment debtor M/s. Hindustan Lever Limited, Mumbai, Maharashtra. On 24th November, 1998 the decretal amount was not paid inspite of the demands made by the decree holder. In the circumstances, an execution petition was taken out by the decree holder on 7th March, 2000 before the learned executing court. The decree holder claimed Rs. 4,819 decretal amount, Rs. 1,108 interest from March, 1998 to 21st April, 2000 and costs of the suit, in all Rs. 8,205 were sought to be recovered. Inspite of notice, the judgment debtor did not appear and was proceeded against ex -parte on 15th September, 2000. On 26th February, 2001 warrants of attachment were directed to be issued of the property of the judgment debtor. Decree holder filed a list of the movable property of the judgment debtor, namely, fruit lovely 25 grams (288 pieces) one case, pepsodent tooth paste 200 grams (72 pieces) one case and Tajmehal tea 250 grams, 48 kg. (192 pieces). The address from where property of the judgment debtor was to be attached was given : "Parkash Industries, C&F Agent of Hindustan Lever Limited, Plot No. 11, Sector 2, Kasauli Road, Parwanoo, District Solan, H.P." The warrants of attachment were sent to the learned Senior Sub -Judge, Solan by the learned executing court. Warrants were executed by the Bailiff of the Court of the learned Senior Sub Judge, Solan. The goods as mentioned in the list and found on the address given by the decree holder were attached. It also transpires that the goods so attached were handed over to Prem Chand, Proprietor M/s. Parkash Industries, Parwanoo as "Supurdari".

(3.) In the meanwhile, an application was moved by the applicant Parkash Industries, Plot No. 11, Sector 2, Parwanoo, District Solan, under Section 151 of the Code of Civil Procedure, for staying the operation of the warrants of attachment. It was stated in the application that the applicant Parkash Industries was stranger to the suit as also the execution. The execution was taken out against the judgment debtor "M/s. Hindustan Lever Limited", the applicant was only C&F (Clearing and Forwarding) Agent of M/s. Hindustan Lever Limited, Block No. B, Plot No. A, South City A, Delhi Jaipur Highway Gurgaon (Haryana), whereas the correct address of M/ s. Hindustan Lever Limited was "M/s. Hindustan Lever Limited, House No. 165 -166, Backbay, Reclamation, Mumbai, Maharashtra", therefore, the warrants of attachment should have been directed against the Bombay Office or against the "M/s Hindustan Lever Limited, Block No. B, Plot No. A, South City A, Delhi Jaipur Highway Gurgaon (Haryana)". It was further stated that the applicant has no concern whatsoever with the suit or the execution and the warrants of attachment issued by the executing court were illegal. It was prayed that such warrants be re -called.